Speeches Reviews Reports C

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When a publication is made concerning the official con-^ duct of a public oflUcer, good motives, and probable cause for believing it to be true, furnish a good defence to an action for libel The last of these propositions may be deemed somewhat novel, and I am free to admit that it has not been distinctly sanctioned by the courts, either of England or in this state ; but it should be also recollected that this question has never before been distinctly raised in our courts, and I intend to show ...that, on the law of political libel, the courts of England do not fur* nish a safe rule for the tribunals of the United States.
It is true that, by a provision of the Constitution of the state of New- York, the common law of England is adopted as the law of the state. But this adoption was never intended to ex- tend to all the crudities and absurdities growing out of the feudal system, and entirely inconsistent with the institutions of this country. It was, indeed, an adoption of its principles as a body of jurisprudence, but when any of these principles are found to be inconsistent with our own institutions, they are either ex* pressly or silently abrogated.


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